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HomeMy WebLinkAboutGelco Services, Inc.AGREEMENT THIS AGREEMENT made this 17th day of April in the year 2003, by and between the Town of Los Altos Hills, a general law city, organized and existing in the County of Santa Clara, (TOWN), and Gelco Services, Inc, address at 1705 Salem Industrial Drive, Salem, OR 97303 (CONTRACTOR). RECITALS: (a) The TOWN has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this contract. (b) A notice was duly published for bids for the contract for the improvements hereinafter described. (c) After notice duly given, on the date hereof, the TOWN awarded the contract for the construction of the improvements hereinafter described to the CONTRACTOR. The TOWN and the CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - THE WORK The CONTRACTOR shall complete the Work as specified or indicated under the Bid Schedule(s) of the TOWN's Contract Documents entitled: O'Keefe Storm Drain Repair Project The Work is generally described as follows: Install cure -in-place pipe lining inside 350 feet of 12 -inch diameter storm drain per plan and as described in these provisions, ARTICLE 2 - COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the TOWN and the Work shall be fully completed within the time specified in the Notice to Proceed. The TOWN and the CONTRACTOR recognize that time is of the essence of this Agreement and that the TOWN will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 8-1.07 of the Standard Specifications. They also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the TOWN if the Work is not completed on time. Accordingly, instead of requiring any such proof, the TOWN and the CONTRACTOR agree that as liquidated damages or delay (but not as a penalty) the CONTRACTOR shall pay the TOWN the sum of $250.00 for each and every calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 - CONTRACT PRICE The TOWN shall pay, the CONTRACTOR shall accept, for the completion of the Work in accordance with the Contract Documents in current funds, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Price(s) named in the CONTRACTOR's accepted Bid and Bid Schedule(s). ARTICLE 4 - THE CONTRACT DOCUMENTS The Contract Documents consist of: Notice Inviting Bids, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (by reference), the accepted Bid and Bid Schedule, List of Subcontractors, Non - Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Plans, inclusive, Caltrans Standard Specifications dated 1992, and all Change Orders, and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. All rights and obligations of the TOWN and the CONTRACTOR are fully set forth and described in the Contract Documents. AGREEMENT FORM O'Keefe Storm Drain Repair -Page 1 All of the above-named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the Contract Documents." Any inconsistencies or conflicts between the provisions of this Agreement and any other provisions, in whole or in part of the other Contract Documents, the provisions of this Agreement shall prevail. The precedence of the remaining Contract Documents will be as specified in the Contract Book. ARTICLE 5 - PAYMENT PROCEDURES The CONTRACTOR shall submit Applications for Payment in accordance with Section 9 of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the TOWN as provided in the Contract Documents. ARTICLE 6 — PERFORMANCE BY SURETIES In the event of any termination as hereinbefore provided, TOWN shall immediately give written notice thereof to CONTRACTOR and CONTRACTOR's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give TOWN written notice of their intention to take over the performance thereof within 5 days after notice to TOWN of such election, TOWN may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of CONTRACTOR, and the sureties shall be liable to TOWN for any excess cost or damages occasioned TOWN thereby; and, in such event, TOWN may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefore. ARTICLE 7 — LEGAL WORK DAY AND PENALTIES FOR VIOLATION Eight hours of labor shall constitute a legal day's work. CONTRACTOR shall not require more than 8 hours' labor in a day and 40 hours in a calendar week from any person employed by CONTRACTOR in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to TOWN the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by CONTRACTOR, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California. ARTICLE 8 — PREVAILING WAGE SCALE In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, will be the minimum paid to all craftsmen and laborers working on this project, In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the CONTRACTOR enters into. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The TOWN will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. ARTICLE 9 — INSURANCE The Contractor shall provide and maintain: AGREEMENT FORM O'Keefe Storm Drain Repair -Page 2 A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles. C. Workers Compensation in at least the minimum statutory limits, D. General Provisions for all insurance. All insurance shall: i. Include the Town of Los Altos Hills, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above -designated insureds. ii. Be primary with respect to any insurance or self-insurance programs of TOWN, its officers, employees, and volunteers. iii. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. iv. No changes in insurance may be made without the written approval of the City Attorney's office. ARTICLE 10 — HOLD HARMLESS AND INDEMNITY PROVISION CONTRACTOR agrees (1) to hold harmless and indemnify Town of Los Altos Hills and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of Town of Los Altos Hills, its officers or employees, and (2) to defend Town of Los Altos Hills, its officers or employees thereagainst; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of Town of Los Altos Hills or (b) the active negligence of Town of Los Altos Hills; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. ARTICLE 11— MEDIATION Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. ARTICLE 12 — ARBITRATION After mediation above, and upon agreement of the parties, any dispute arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties. ARTICLE 13 — PROVISIONS CUMULATIVE The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to TOWN. ARTICLE 14 - NOTICES AGREEMENT FORM O'Keefe Storm Drain Repair -Page 3 Whenever any provision of the Contract Documents requires the giving of written notice, it shall be given in personal delivery, Federal Express, or other reputable private courier service, by facsimile transmission with verification of receipt, or by U,S. Mail, postage prepaid, and shall be deemed communicated (i) if by personal delivery or by facsimile upon receipt, (ii) if by courier service one -day after properly sent, or (iii) by U.S. Mail, three days after deposit with the U.S, Mail service. Notices shall be addressed as set forth below, but either party may change its address by giving written notice thereof to the other in accordance with this Article. TO TOWN: Public Works Department Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 FAX (650) 941-3160 TO CONTRACTOR: Kelly Odell, VP/GM Gelco Services, Inc. 1705 Salem Industrial Drive Salem, OR 97303 ARTICLE 15 - INTERPRETATION As used herein any gender includes each other gender, the singular includes the plural and vice versa. ARTICLE 16 - MISCELLANEOUS Terms used in this Agreement which are defined in Section 1 of the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The TOWN and the CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the TOWN and the CONTRACTOR have caused this Agreement to be executed the day and year first above written. TOWN O S ALTOS HI LS, CALIFORNIA By City C erk APPROVED AS TO FORM By City Attorney By 'A" 2 City Engineer/Public Wort irector Date By City Manager APPROVED BY THE CITY COUNCIL Resolution No. Date CONTRACTOR _�-Q aeu�c� �- By Title Date D AGREEMENT FORM O'Keefe Storm Drain Repair -Page 4 Whenever any provision of the Contract Documents requires the giving of written notice, it shall be given in personal delivery, Federal Express, or other reputable private courier service, by facsimile transmission with verification of receipt, or by U.S. Mail, postage prepaid, and shall be deemed communicated (i) if by personal delivery or by facsimile upon receipt, (ii) if by courier service one -day after properly sent, or (iii) by U.S. Mail, three days after deposit with the U.S. Mail service. Notices shall be addressed as set forth below, but either party may change its address by giving written notice thereof to the other in accordance with this Article. TO TOWN: Public Works Department Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 FAX (650) 941-3160 TO CONTRACTOR: Kelly Odell, VP/GM Gelco Services, Inc. 1705 Salem Industrial Drive Salem, OR 97303 ARTICLE 15 - INTERPRETATION As used herein any gender includes each other gender, the singular includes the plural and vice versa. ARTICLE 16 - MISCELLANEOUS Terms used in this Agreement which are defined in Section 1 of the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The TOWN and the CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the TOWN and the CONTRACTOR have caused this Agreement to be executed the day and year first above written. _ TOWN By APPR( By By Date City Engineer/Public Works Director By APPROVED BY THE CITY COUNCIL Resolution No. Date CONTRACTOR By Title Date AGREEMENT FORM O'Keefe Storm Drain Repair -Page 4 'C04? 16� tIN Project Site - Existing 12" Storm Drain Exhibit ,5 Location Map O'Keefe Storm Drain Repair Town of Los Altos Hills Bond No. 400SV4959- KNOW ALL MEN BY THESE PRESENTS, That Gelco Services, Inc. as Contractor, And St. Paul Fire and Marine Insurance Company as Surety, are held firmly bound unto the City of the Town of Los Altos Hills, a general law city, organized and existing in the County of Santa Clara, California, hereinafter called the "Town," in the sum of. Forty Two Thousand and I'd, dirl, 11 Id, ,111;;x;; ($42,000,00) :� �,.��-;;�:,;;; ;-:��: ;; ;;:;�:;: ;:;: �,;;;��, ;-;r;;; ;; ;;; :; lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and:severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the attached Agreement with said Town to perform the Work as specified or indicated in the Contract Documents entitled: O'Keefe Storm gain Repair Project WHEREAS the Town requires the Contractor to furnish a performance bond during the Contract and, for a period of one year from and after the completion date of this project, to guarantee the correction and repair of any defective materials and/or workmanship used in or on said Project, _. NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, and if one year from the completion date has elapsed with no demand from the Town to correct or repair any defective materials and/or workmanship used in or on the Project, then this obligation shall be null and void. Otherwise it shall remain in full force and effect. PROVIDED, that any alterations zn the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or. said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. Said surety hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code. SIGNED AND SEALED, this 17th day of April 2003. Contractor Ge co Services, Inc. Surety St. Paul Fire and Marine Insurance Company By ��' By /��-/�-/L/ as • i' Marsha S. Petrie Title %` Title Attorney -In -Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PERFORMANCE BOND AGREEMENT AND BONDS - PAGE 6 to) PAYl ENT B®lD Bond No. 400SV4959 KNOW ALL MEN BY THESE PRESENTS, That St. Paul Fire and Marine Insurance Company as Surety, \`r are held firmly bound unto the City of the Town of Los Altos Hills,: a general law city, organized and existing in the County of Santa Clara, State of California, hereinafter called the "Town," in the sum of:. Forty Two Thousand and i7ivivnn�ii.n wnnw in nn nn v.nn ninnicvi7n +.i . ($42,000.00) ;�;;,_,_,,_,.._,..,_,_,_,_,_,..,_,..,_,..,_,..,_,.., ,.., ,..,_�_,_,_,_,_,_,.., , ,_,:.,:., ,_,..._,.., ,.., ...,_,..��_..:.,..,_, ,_,_,. �ndiv�ivvv�nnnn n��nniv�nni7�iQ�iv�nn n��nniQv. n�hv�n,vQ�.7�i�iv�.�nn nihv�.� dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators; successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the attached agreement with said Town to perform the Work as specified or indicated in the Contract Documents entitled: O'Keefe Storm Drain Repair Project NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment or other supplies used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all, as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both- work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This .bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. Surety hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code. SIGNED AND SEALED, this 17th day of April 2003. Contractor Ge co Services Inc. Surety St. Paul Fire and Marine Insurance Company By _ By Marsha S. Petrie Title W(7"" " Title Attorney -In -Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS - PAGE 7 ty,gy��i ��t,��,y St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company aa��ll Ph! 11 St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Medical Liability Insurance Company Bond No. 400SV4959 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. IM IN Z o P-4 Cm zc-) or Lo L.Li ut IW < z iv cn 0 tm C� ILI ta cy') 6w ri. 71 4 7E Cm zc-) or Lo L.Li ut IW < z iv cn 0 tm C� ILI ta CO ri. 71 4 Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 23172 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 1612045 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc, is a corporation duly organized tinder the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Edward E. Davis, Bonnie I Webb, Claudya R. Black and Marsha S. Petrie of the City of Salem State Oregon their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 16" day of December 2002 Seaboard Surety Company United States Fidelity and Guaranty Company St, Paul Fire and Marine InsuranceCompanyFidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company y J,, �.wn\�N •�xSU '}PJP+\NSVAy"a �}1YANp TY f�:ooaeoaar `.int e3'� W. � iHcp�gnu 6 INCDAADRATED'� o\SERLa N � a PETER CARMAN, Vice President '��, # � ��,�. o� d;5EAG%o� ia•, '.�,/ �J 1896�pty is OFNeN State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this . 16th day of December , ___2002_ , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company; St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. �O�GGp EAStFY'0y In Witness Whereof, I hereunto set my hand and official seal. e Voj4Ry 0 U841C My Commission expires the Ist day of July, 2006. yOAE eiTV 86203 Rev. 7-2002 Printed in U.S.A. REBECCA EASLEY-ONOKALA, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, on September 2, 1998, which resolutions are now in full force and effect, reading as follows; RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revolted. IN TESTIMONY WHEREOF, I hereunto set my hand this 17th day of April , 2003 � SGNi,fo s ;•ye Thomas E. Huibro tse, Assistant Secretary To verify the authenticity of this Power ofAttorney, call 1-800-421-3880 and ask for the Power ofAttorney clerk, Please refer to the Power afAttorney number, the above-named individuals and the details of the bond to which the power is attached, >', ,A CORD.. PRODUCER INSURED Acordia/Potts Davis & Co. P. O. Box 390, Salem, OR 97308 503-585-7555 Gelco Services, Inc. P.O. Box 17370 Salem OR 97305 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE COMPANY B Maryland Casualty CO POLICY EFFECTIVE COMPANY Acordia of Oros C SAIF Corporation II1SUra11C® A4 GARAGE LIABILITY IUIIRa Imun I COMPANY D Evanston Insurance Co A8f11rS Lie. N0. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town of Los Altos Hills EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 26379 Fremont Road 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Los Altos Hills, CA 94022 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE OOLAtMY, ITS AGENTS OR REPRESENTATIVES. gm AUTHORIZED REPmfiNTATIVE A _w TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LCO I TTR I GARAGE LIABILITY DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY CON58152258 6/01/02 6/01/03 GENERAL AGGREGATE S 2000000 PRODUCTS - COMP/OP AGG $ 2000000 X COMMERCIAL GENERAL LIABILITY AGGREGATE S CLAIMS MADE lxl OCCUR PERSONAL & ADV INJURY S 1000000 EXCESS LIABILITY EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S AGGREGATE S FIRE DAMAGE (Any one fire) $ 300000 X WA Stop $ OTHER THAN UMBRELLA FORM MED EXP (Any one person) $ 10000 Gap WORKERS COMPENSATION AND A522047 10/01 /02 B AUTOMOBILE LIABILITY CON58152241 6/01/02 6/01/03 EL DISEASE - POLICY LIMIT $ 1000000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE COMBINED SINGLE LIMIT $ X ANY AUTO 1000000 BODILY INJURY $ OTHER 02CPLOO129 ALL OWNED AUTOS 6/01/03 Pollution $1,000,000 Per Occurrence (Per person) SCHEDULED AUTOS $1,000,000 General Aggregate BODILY INJURY S X HIRED AUTOS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder and its employees, officers, agents & contractors are named as additional insured as respects work performed on their behalf by the named insured per CG 2010 attached - Coverage is primary, non-rontributory - Per Project Aacireoate applies per CG2503 attached. Re: O'Keefe Storm Drain Repair Project X NON -OWNED AUTOS (Per accident) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town of Los Altos Hills EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 26379 Fremont Road 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Los Altos Hills, CA 94022 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE OOLAtMY, ITS AGENTS OR REPRESENTATIVES. gm AUTHORIZED REPmfiNTATIVE A _w ri PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ........................................ ........................................ ........................................ ........................................ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM $ OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND A522047 10/01 /02 10/01 /03 WC STATU- 0TH :::': ; ::::::: .. ....:::: TORY LIMITS ER EL EACH ACCIDENT - $ 1000000 EMPLOYERS' LIABILITY EL DISEASE - POLICY LIMIT $ 1000000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE S 1000000 D OTHER 02CPLOO129 6/01/02 6/01/03 Pollution $1,000,000 Per Occurrence Liability $1,000,000 General Aggregate $5,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder and its employees, officers, agents & contractors are named as additional insured as respects work performed on their behalf by the named insured per CG 2010 attached - Coverage is primary, non-rontributory - Per Project Aacireoate applies per CG2503 attached. Re: O'Keefe Storm Drain Repair Project SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town of Los Altos Hills EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 26379 Fremont Road 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Los Altos Hills, CA 94022 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE OOLAtMY, ITS AGENTS OR REPRESENTATIVES. gm AUTHORIZED REPmfiNTATIVE A _w COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 POLICY NUMBER: CON58152258 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Town of Los Altos Hills, CA and its employees, officers, agents and contractors (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 03 97 Copyright, ISO, Inc., 1996 Page 1 of 1